PURPOSE: This rule defines specific words used in this chapter.

PUBLISHER’S NOTE: The publication of the full text of the material that the adopting agency has incorporated by reference in this rule would be unduly cumbersome or expensive. Therefore, the full text of that material will be made available to any interested person at both the Office of the Secretary of State and the office of the adopting agency, pursuant to section 536.031.4, RSMo. Such material will be provided at the cost established by state law. (1) Many definitions relevant to this rule are set forth in the underground storage tank law in section 319.100, RSMo. The definitions set forth in 40 CFR 280.12, July 1, 1994, are incorporated by reference, subject to the following additions, modifications, substitutions or deletions in the subsections:

1. (A) Definitions beginning with the letter A.

   1. 1. “Airline company” means any per-

son, firm, partnership, corporation, trustee, receiver or assignee, and all other persons, whether or not in a representative capacity, undertaking to engage in the carriage of persons or cargo for hire by commercial aircraft pursuant to certificates of convenience and necessity issued by the federal Civil Aeronautics Board, or successor thereof, or any noncertified air carrier authorized to engage in irregular and infrequent air transportation by the federal Civil Aeronautics Board, or successor thereof;

1. (B) Definitions beginning with the letter B. (Reserved);

2. (C) Definitions beginning with the letter C.

   1. 1. To the definition of “CERCLA” at 40

CFR 280.12, incorporated in this rule, add the words “by the Superfund Amendments and Reauthorization Act of 1986” after the words “as amended”;

1. (D) Definitions beginning with the letter D.

   1. 1. “De minimus” means—

      1. A. Any volume of regulated sub-

stance(s) contained in a tank with a capacity of less than one hundred ten (110) gallons; or

1. B. A very low concentration of regu-

lated substances; or

1. C. Any volume of regulated sub-

stance(s) contained in an emergency backup tank that holds regulated substances for only a short period of time and is expeditiously emptied after use. (Comment: De minimus tanks include: swimming pools, permitted wastewater treatment facilities and chlorinated, potable water storage tanks. An oil-water separator is not a de minimus system unless the tank has a less than one hundred ten (110) gallon capacity.)

1. 2. “Department,” unless otherwise stated, means the Missouri Department of Natural Resources;

2. (E) Definitions beginning with the letter E.

   1. 1. In the definition for “existing tank

system” in 40 CFR 280.12 incorporated in this rule, substitute the date “September 28, 1990” for the date “December 22, 1988”;

1. (F) Definitions beginning with the letter F. (Reserved);
2. (G) Definitions beginning with the letter

1. G. (Reserved);

   1. (H) Definitions beginning with the letter H.

      1. 1. This definition shall apply in lieu of

the definition of “hazardous substance UST system” in 40 CFR 280.12 incorporated in this rule. “Hazardous substance UST system” means a UST system that contains a hazardous substance defined in Section 101(14) of the CERCLA (but not including any substance regulated as a hazardous waste under the Missouri Hazardous Waste Management Law, sections 260.350–260.434, RSMo) or any mixture of these substances and petroleum, and which is not a petroleum UST system;

1. (I) Definitions beginning with the letter I.

   1. 1. The definition for “implementing

agency” in 40 CFR 280.12 is not incorporated into this rule.

1. 2. The terms “in-operation,” “in-ser-

vice,” and “in-use” are equivalent and mean input or output that occurs on a regular basis for the tank’s intended purpose. In determining the status of a tank, the department may consider factors including, but not limited to: routine input or outputs from the tank and the activity status of tank-related operations at the premises where the tank is located. A tank is considered to be in-operation, in-service, and in-use beginning with the first input of a regulated substance into the tank system;

1. (J) Definitions beginning with the letter J. (Reserved);
2. (K) Definitions beginning with the letter

1. K. (Reserved);

   1. (L) Definitions beginning with the letter L. (Reserved);
   2. (M) Definitions beginning with the letter

2. M. (Reserved);

   1. (N) Definitions beginning with the letter N.

      1. 1. In the definition for “new tank sys-

tem” in 40 CFR 280.12 incorporated in this rule, substitute the date “September 28, 1990” for the date “December 22, 1988”;

1. (O) Definitions beginning with the letter O.

   1. 1. In the definition for “operational life”

in 40 CFR 280.12 incorporated in this rule, substitute “10 CSR 20-10.070–10 CSR 20- 10.074” for “Subpart G.”

1. 2. The term “out-of-operation,” “out-

of-service,” and “out-of-use” are equivalent and mean input or output activity no longer occurs on a regular basis for the tank’s intended purpose.

1. 3. The definition for “owner” in 40

CFR 280.12, is not incorporated in this rule and the definition in section 319.100(6), RSMo, shall be used instead;

1. (P) Definitions beginning with the letter P.

   1. 1. The definition for “person” in 40

CFR 280.12 is not incorporated in this rule and the definition in section 319.100(8), RSMo, shall be used instead;

1. (Q) Definitions beginning with the letter

1. Q. (Reserved);

   1. (R) Definitions beginning with the letter R.

      1. 1. “Railroad corporation” means all

corporations, companies or individuals now owning or operating, or which may hereafter own or operate, any railroad in this state.

1. 2. The definition for “regulated sub-

stance” in 40 CFR 280.12 is not incorporated in this rule, and the definition in section 319.100(9), RSMo, shall be used instead.

1. 3. The definition for “release” in 40

CFR 280.12 is not incorporated in this rule, and the definition in section 319.100(10), RSMo, shall be used instead;

1. (S) Definitions beginning with the letter S.

   1. 1. In lieu of the definition for “septic

tank” in 40 CFR 280.12, the definition for “septic tank” shall be any watertight, covered receptacle designed and constructed to receive the discharge of sewage, separate solids from liquid, digest organic matter, store liquids through a period of detention and allow the clarified liquids to discharge to a soil treatment system;

1. (T) Definitions beginning with the letter T. (Reserved);

2. (U) Definitions beginning with the letter U.

   1. 1. In the definition of “upgrade” in 40

CFR 280.12 incorporated in this rule, substitute the words “regulated substance” for the word “product.”

1. 2. The definition for “underground stor-

age tank” or “UST” found in 40 CFR 280.12 is not incorporated in this rule, and the definition in section 319.100(11), RSMo, shall be used instead;

1. (V) Definitions beginning with the letter V. (Reserved);
2. (W) Definitions beginning with the letter

1. W. (Reserved);

   1. (X) Definitions beginning with the letter

2. X. (Reserved);

   1. (Y) Definitions beginning with the letter Y. (Reserved);
   2. (Z) Definitions beginning with the letter Z. (Reserved).

AUTHORITY: sections 319.100, 319.105, 319.107, 319.111 and 319.114, RSMo (1994) and 319.109, 319.132 and 319.137, RSMo (Cum. Supp. 1996).* Original rule filed April 2, 1990, effective Sept. 28, 1990. Amended: Filed Dec. 31, 1991, effective Aug. 6, 1992. Amended: Filed Jan. 2, 1996, effective Aug. 30, 1996. Amended: Filed Jan. 14, 1997, effective Sept. 30, 1997. *Original authority: 319.100, RSMo (1989), amended 1991, 1993; 319.105, RSMo (1989); 319.107, RSMo (1986), amended 1994; 319.109, RSMo (1989), amended 1995; 319.111, RSMo (1989); 319.114, RSMo (1989); 319.132, RSMo (1991); amended 1995; and 319.137, RSMo (1989), amended 1993, 1995.